Prosecution admits DNA evidence may affect ruling against Nazim

The State prosecution has conceded the DNA of former Vice President Ahmed Adeeb Abdul Gafoor on the pistol confiscated from Colonel (retired) Mohamed Nazim may affect the court’s ruling against Nazim.

Nazim was serving as Minister of Defense during former Maldivian President Abdulla Yameen Abdul Gayoom’s administration when a raid in his residence on January 17, 2015 produced a pistol with no serial number and three bullets inside a bag at his bed stand. He was arrested 23 days later and sentenced to 11 years in prison for import and possession of a firearm on March 26, 2015.

Nazim has long maintained that he was framed, and pointed the blame at Yameen, Adeeb and former Commissioner of Police Hussain Waheed.

However, the High Court upheld the Criminal Court’s sentence. And his appeal at the Supreme Court was rejected at the registrar’s discretion after the preliminary hearing.

Nazim later re-filed an appeal with the Supreme Court and has been granted a stay order on his sentence.

The preliminary hearing in the case was held at the Supreme Court this Tuesday.

During the preliminary hearing, Nazim’s attorney, Noor Al-Salaam Abu Bakr argued that the court rejected his earlier appeal motion in violation of due procedure, resulting in the loss of a fair trial guaranteed by Article 20 of the Constitution.

Noor also entered into evidence the DNA analysis done on the pistol which showed the pistol had Adeeb’s DNA on it, and the statement by Adeeb testifying the pistol did not belong to Nazim and filed a motion for a review of the case.

In response, Assistant Prosecutor General Hussain Nashid conceded there was ground for a change in the original ruling based on the new evidence.

The three judges presiding over the case unanimously agreed to continue legal proceedings, and the first hearing was held after a 15-minute break.

With the hearing underway, Noor again stressed that there was enough evidence for reasonable doubt regarding Nazim’s guilt, and said the lower court issued its verdict without considering several pieces of exonerable evidence.

He noted that the firearm did not have any fingerprint, either of Nazim or any of his family who lived in the residence. And said it was logically implausible that he would keep a firearm at his bed stand when he had a safe inside his bedroom.

Noor referred to the testimony provided by police officers during the appeal hearings at the High Court as evidence supporting the claim Nazim was framed. He said officers testified it was a fellow officer identified as “Asif” who first took the small black bag which contained the firearm, and that he questioned Nazim regarding the contents of the bag before even opening the bag. And the pictures of the bag inside the bed stand was taken after the firearm was discovered.

Noor also said Adeeb can be clearly heard threatening Nazim in a recording of a conference call – a conference call which former Minister of Home Affairs Umar Naseer was also part of.

Noor also noted that Nazim requested testimony of 50 witnesses for the defense during court proceedings, but the court only allowed testimony of four witnesses.

He said that testimony from Adeeb and ex-CP Hussain Waheed had been absolutely vital to the defense, but was denied by the court.

Noor said Nazim was denied his right to defend himself and denied due justice, and asked the court to overturn the conviction against him.

Assistant PG Nashid did not ask the court to uphold the original verdict, but asked the court for a just ruling in light of all the evidence which has not been considered before.

The Supreme Court concluded the appeal hearings, and announced it will issue its verdict next unless it has anything else to clarify.